With the labor reform, temporary contracts due to production circumstances may only be used in the following cases:
- When work peaks occur that are not repeated every season, that are not structural and that are not predictable. For example, a company that produces surgical masks could have entered into a contract of this type due to a temporary and unpredictable increase in demand.
- For needs of reduced duration and whose end is known (for example, for the organization of an event for three weeks). The maximum duration is reduced to 90 days in a calendar year, which may not be used continuously, and regardless of the number of workers required to meet specific needs on each of those days. For example, it will not be possible to hire a worker from January 1 to March 31 through this category because they are continuous days. Nor will it be possible to hire a worker for January, another for March, another for April and another for October, since the 90 days are exceeded. On the other hand, it will be possible to hire five workers for January and ten for the second half of August.
- These contracts may also be used if there are fluctuations that, even though it is the normal activity of the company, generate a temporary mismatch between the stable employment available and that required (increases in activity or mismatches due to a temporary decrease in the number of workers, as occurs during annual holiday). Of course, it cannot be used to replace permanent workers who leave. And in the case of temporary increases in the volume of activity, but which are repeated each season (for example, a store that increases its sales during the Christmas period), this contract cannot be used, so a contract must be used. permanent-discontinuous or part-time indefinite.
Work and service or eventual contracts entered into between December 31, 2021 and March 30, 2022 will be governed by the above regulations, but their duration may not exceed six months. As of March 30, 2022, new contracts may only be signed under the new regulations.
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